Iuze Mukube
The warrantless seizure of devices by the Anti-Corruption Commission, particularly a laptop, during the arrest of former Namcor executive Cornelius Cedric Willemse, has become a key issue in his bail bid.
A cellphone and laptop were taken by the ACC officers.
This followed the request on Monday by his lawyer, Boris Isaacks, to postpone the bail hearing to today.
Isaacks indicated that they lacked crucial information that should be retrieved from a confiscated laptop that was unlawfully seized by the ACC during the former supply and logistics manager’s arrest.
He stated that the ACC took possession of the laptop without a warrant which has certain documents that will be needed for the bail application.
He pointed out that he tried to gain access to the laptop through the Prosecutor General but it was not fruitful.
Additionally, he stated he intended to bring a substantial application for the State to provide the laptop to Willemse, but noted that the process will take time and that there was strong resistance from the State.
He, however, indicated that even if by today they have not gained access to the laptop, they will still proceed with the bail application and will deal with the issue during the hearing.
He further indicated that they also required the age analysis of Erongo Petroleum and Enercon, which would form part of their application’s bundle.
State prosecutor Menencia Hinda, in response to Willemse, explained that the investigation officer, Oberty Inambao, indicated that he is in no position to return the devices until such time as the analysis of the devices is complete.
She explained that this was necessary to preserve the information on the devices and avoid compromising the investigation, as handing the laptop over before the analysis is complete will amount to interference.
She added that if the devices were released prematurely, the State would no longer be able to rely on the investigations due to the change in the chain of
custody.
She further emphasised that the State was not deliberately withholding the devices, nor was it an act of malice but that the devices could not be allowed to be returned until information has been completely extracted from those devices.
On the other hand, Austin Elindi through his lawyer indicated that he will not be taking part in the bail proceedings today.
Austin abandoned his application and his legal representative Marco Kazondana, stated that he will inform the State when his client is ready to proceed with a formal bail application.
Magistrate Jurina Hochobes postponed the main trial of all the accused in the Namcor case to 20 November 2025 for further investigations.
This followed from the request by the State, where Hinda indicated that investigations are still ongoing, as financial analysis, among other things, is still being conducted.
She stated that witnesses and financial bank statements that need to be retrieved from South Africa are still pending.
This means that the accused, including former Namcor MD Immanuel Mulunga, Jennifer Hamukwaya, Olivia Dunaiski, Peter and Malakia Elindi, Lydia Elindi, Panduleni Hamukwaya, Leo Nandago, Connie van Wyk, and Austin, will appear in court on the said date.
They will appear in court on 26 September 2025 for their bail ruling before Magistrate Linus.